Jennifer M. Keighley, “Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan”

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The national health insurance reform effort threatens to reduce the number of women who have health insurance coverage for abortions. Instead of evaluating whether the Supreme Court would invalidate restrictions on coverage, I employ a model of legislative constitutionalism that presents arguments for why Congress must independently consider the constitutionality of imposing restrictions on abortion in national health insurance legislation. I argue that Congress’s debate over abortion coverage in a national health insurance scheme should recognize the emerging understanding of the equality interests that are raised by state regulation of women’s reproductive capacities.

Downloadable here.

NB: Jennifer M. Keighley is a 3L at Yale Law School and notes: “The draft online has not been updated after last weekend’s debate in the House, but a new draft will be posted next week.”

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